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Pedestrian / Motor Vehicle Accidents

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Pedestrian/vehicle accidents are usually one-sided affairs. Although pedestrians should be aware of their surroundings and obey all applicable traffic laws, it is frequently the careless behavior of the driver that results in a car accident involving a pedestrian. If you are involved in an accident, it is important to understand your rights as an accident victim. A long recovery from a serious injury or the death of a loved one can put a huge strain on your finances.

Accident Statistics

There are approximately 5,000 pedestrians killed every year in pedestrian/vehicle accidents.

  • Pedestrian deaths account for 14 percent of all traffic-associated deaths
  • In larger urban areas, pedestrian fatalities comprise from 40 to 50 percent of all traffic deaths

Accident Types

To better understand and categorize pedestrian/vehicle accidents, the National Highway Traffic Safety Administration (NHTSA) assigned accident types:

  • Pedestrian dashes out into traffic in a midblock area
  • Pedestrian hit from behind while walking or running beside the road in the same direction as the vehicle
  • Vehicle strikes a pedestrian at an intersection while making a turn
  • Pedestrian is hit by a vehicle backing up

Accident Results

In almost all instances of pedestrian/vehicle accidents, the pedestrian is worse off than the driver of the vehicle is. Some of the resulting injuries can cause a lifetime of hardship and rehabilitation. The injuries that cost the most in monetary damage include:

  • Traumatic Brain Injury
  • Spinal Chord Injury
  • Death

Assessing Responsibility

Most accidents are pretty cut and dry on who is responsible. The vehicle, being larger, faster, and more dangerous is typically at fault. If the pedestrian is determined to be partially responsible, then the damages may be reduced by the percentage of responsibility. For example, if the pedestrian is found to be 50 percent responsible, the final damages may be reduced by 50 percent.

Other parties than the driver may also be considered responsible. If the accident occurred in a work zone, the construction crew might be negligent by providing inadequate warnings or traffic management. A trucking company that pushes its drivers beyond reasonable limits may also bear responsibility if a tired driver injures or kills a pedestrian.

Action

If you have been injured in a pedestrian/vehicle accident, you should seek the services of a competent accident attorney as soon as possible to ensure you that you can collect the full and fair amount of compensation for your injuries. As soon after the accident as possible, you should do the following:

  • Record everything you remember about the accident
  • Keep track of damages, lost wages etc.
  • Take pictures of the accident area to help recall specifics when necessary
  • Interview witnesses to provide other points of view

You cannot put a dollar amount on your life or your health. In the event of an accident you want to ensure that you get your full and fair amount of damage compensation. The party responsible and those that represent him or her, will do their utmost to keep as much of the money as they can and make you out to be at least partially responsible. You need someone in your camp to help you protect your rights and collect fair damages.

Article Source : Pedestrian/vehicle Accidents : ArticleBase

Erich Shrefler
To find out more about pedestrian vs. auto accidents, please visit Silberstein, Awad & Miklos, P.C. in New York today.

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Posted on February 11th, 2010 | By: admin | Filed under Motor Vehicle Accidents, Plaintiff Lawsuit Funding


One Response to “Pedestrian / Motor Vehicle Accidents”

  1. Andrew Pelt Says:
    June 29th, 2010 at 11:07 pm

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